Somerset County Council (19 008 831)
The Ombudsman's final decision:
Summary: Mr X complained about the ending of his contract with a care provider and the Council’s delay putting in alternative support. I have not found any fault by the Council.
The complaint
- Mr X complains about the difficulties he has experienced with his care provider. Specifically, he complains that:
- he found it impossible to contact the person who was co-ordinating his support and
- the care provider ended support when he contacted a carer directly.
- Mr X says this caused him confusion, anxiety and distress.
The Ombudsman’s role and powers
- The Ombudsman investigates complaints of injustice caused by maladministration and service failure. I have used the word fault to refer to these. The Ombudsman cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. He must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3))
- If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
- We considered the information sent by Mr X and spoke to him on the telephone about his complaint. We made enquiries of the Council and considered its response and the documents it provided.
- Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Background
- The Council provided Mr X with a direct payment. Mr X used his direct payment to employ a care provider from January 2018.
- In April 2019 Mr X raised several concerns about the care and support he received from his care provider. On 25 April Mr X sent a text message to his support worker and said he felt the need to suspend his support due to problems with office staff. He asked the support worker whether he could employ her directly. On the following day Mr X emailed the care provider. In that email Mr X said he did not want to continue to work with the care provider.
- The next day, the care provider wrote to Mr X and said it had ended his support with immediate effect and would tell the Council. The letter explained the support worker could not work with Mr X in a private arrangement.
Final decision
- I have completed my investigation and do not uphold the complaint.
Investigator's decision on behalf of the Ombudsman